Linfox Australia Pty Ltd - [2025] FWCA 2342

[2025] FWCA 2342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Linfox Australia Pty Ltd

(AG2025/2182)

LINFOX AND UWU (RETAIL AND FMCG) NATIONAL DISTRIBUTION CENTRES AGREEMENT 2025

Road transport industry
COMMISSIONER REDFORD	MELBOURNE, 29 JULY 2025

Application for approval of the Linfox and UWU (Retail and FMCG) National Distribution Centres Agreement 2025

An application has been made for approval of an enterprise agreement known as the Linfox and UWU (Retail and FMCG) National Distribution Centres Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Linfox Australia Pty Ltd (Linfox). The Agreement is a single enterprise agreement.

Undertakings

Several issues were raised with Linfox about the application, in response to which further submissions and some undertakings were provided. A copy of the undertakings provided are attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The views of the United Workers’ Union (UWU), a bargaining representative for the Agreement, were sought pursuant to s 190(4) of the Act and there was no objection to the undertakings. The undertakings, which are referred to in more detail below, are taken to be a term of the agreement.

Coverage of the Agreement

One of the issues raised was about the coverage of the agreement. It has been clarified that the agreement is intended apply to two broad categories of employees. The first category are employees who perform work within a classification as defined, at one of the work-sites listed in Appendix 3 of the agreement, in respect of whom several conditions of employment operate by reference to an earlier instrument such as a previous enterprise agreement. The second category are employees who perform work within a classification as defined in the agreement at a “new” retail or “fast moving customer goods” warehouse owned or operated by Linfox. To avoid any doubt, an undertaking was provided to this effect.

Application of incorporated instruments

The agreement incorporates by reference parts of several instruments which are referred to in it. The manner in which those instruments are incorporated by reference is either to incorporate all terms of the named instruments except where particular clauses are specifically excluded, or to incorporate only specific clauses as expressly referred to. To avoid any doubt in relation to this latter category, an undertaking was provided providing that in relation to certain instruments, only clause numbers that are specifically referred to are incorporated by reference.

Interaction with the National Employment Standards

Linfox also provided an undertaking in relation to the interaction between the Agreement and the NES – the NES precedence undertaking. This undertaking provides that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: Linfox Australia Pty Ltd [2025] FWCA 2342
Case: [2025] FWCA 2342
Decision Date: 29 JULY 2025

CaseChat Overview and Summary

Linfox Australia Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The applicant, Linfox, is a logistics company involved in the retail and fast-moving consumer goods sector. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 for approval. The Fair Work Commission, with its specialised industrial jurisdiction, heard the application.

The key legal issues for the Commission to determine were whether the proposed agreement was a "genuine" agreement and whether it contained the minimum terms and conditions mandated by the Fair Work Act. The Commission had to consider whether the agreement was made in good faith and whether it provided for the minimum entitlements required by the Act, including minimum wages and conditions, and procedural fairness in the workplace.

The Commission found that the proposed agreement was a genuine enterprise agreement that complied with the requirements of the Fair Work Act. It noted that the agreement had been negotiated in good faith and contained all the necessary minimum terms and conditions. The Commission was satisfied that the agreement provided for the mandated minimum entitlements and ensured procedural fairness in the workplace. Consequently, the Commission approved the agreement.

The final orders of the Commission included the approval of the Linfox and UWU (Retail and FMCG) National Distribution Centres Agreement 2025, which is to be registered with the Fair Work Commission. The agreement will now apply to the relevant employees and employers as per the terms and conditions set out in the approved document.

Orders